DEPARTMENT: Development Services
DEPARTMENT HEAD: Roderick Sanchez
COUNCIL DISTRICTS IMPACTED: 1
SUBJECT:
Zoning Case Z2016186
SUMMARY:
Current Zoning: "C-3 NA AHOD" General Commercial Nonalcoholic Sales Airport Hazard Overlay District and "C-3 R" General Commercial Restrictive Alcoholic Sales Airport Hazard Overlay District.
Requested Zoning: "IDZ AHOD" Infill Development Zone Airport Hazard Overlay District with uses permitted in "C-2" Commercial District
BACKGROUND INFORMATION:
Zoning Commission Hearing Date: July 19, 2016
Case Manager: Ernest Brown, Planner
Property Owner: Master Property Partners, Ltd.
Applicant: Barclay Anthony
Representative: David Adelman
Location: 908 East Elmira Street and 1726 North St. Mary's Street
Legal Description: 0.678 acres out of NCB 1002
Total Acreage: 0.678
Notices Mailed
Owners of Property within 200 feet: 22
Registered Neighborhood Associations within 200 feet: Tobin Hill Neighborhood Association
Applicable Agencies: None
Property Details
Property History: The subject property is located within the city limits as established in 1938 and was zoned “J” Commercial District. In 1995 a portion of the subject property rezoned to “B-3NA” Business District Nonalcoholic Sales. In 1996 a portion of the subject property rezoned to “B-3R” Restrictive Business District. Upon adoption of the 2001 Unified Development Code, the previous base zoning district converted to the current “C-3NA” General Commercial Nonalcoholic Sales District and “C-3R” General Commercial Restrictive Sales. The subject property is not platted in its current configuration. A portion of the subject property was developed in 1920 with approximately 1,676 square foot Service Garage/Automotive structure.
Topography: The property does not include any abnormal physical features such as slope or inclusion in a flood plain.
Adjacent Base Zoning and Land Uses
Direction: North, West
Current Base Zoning: C-3NA, C-2P, RM-4,MF-33, C-3NA
Current Land Uses: Office Building, Parking Lot, Vacant, Apartments, Vacant, Vacant
Direction: East
Current Base Zoning: C-3, C-2P, C-3NA, R- 6, O-1, R-6
Current Land Uses: Vacant, Vacant, Vacant
Overlay and Special District Information: All surrounding properties carry the "AHOD" Airport Hazard Overlay District, due to their proximity to an airport or approach path. The "AHOD" does not restrict permitted uses, but can require additional review of construction plans by both the Development Services Department and the Federal Aviation Administration.
Transportation
Thoroughfare: Interstate 35
Existing Character: Expressway
Proposed Changes: None known
Thoroughfare: St. Marys Street
Existing Character: Secondary Arterial, Type A
Proposed Changes: None known
Thoroughfare: East Elmira Street, McLane
Existing Character: Local, Type A
Proposed Changes: None known
Public Transit: The nearest VIA bus line to the subject property is the number 8 which operate along St. Marys Street.
Traffic Impact: A Traffic Impact Analysis is not required. Infill Development Zone (IDZ) requests are exempt from the TIA requirement.
Parking Information: “IDZ” Infill Development Zone waives minimum parking requirements.
ISSUE:
None.
ALTERNATIVES:
Denial of the requested zoning change would result in the subject property retaining the present zoning district designation.
FISCAL IMPACT:
None.
RECOMMENDATION:
Staff Analysis and Recommendation: Staff recommends Approval
Criteria for Review: According to Section 35-421, zoning amendments shall be based on the approval criteria below.
1. Consistency:
The subject property is located within the Tobin Hill Community Plan and is currently designated as Low Density Mixed Use in the future land use component of the plan. The proposed zoning is consistent with the future land use designation.
2. Adverse Impacts on Neighboring Lands:
Staff has found no evidence of likely adverse impacts on neighboring lands in relation to this zoning change request.
3. Suitability as Presently Zoned:
The existing “C-3” base zoning district is suitable as presently zoned.
4. Health, Safety and Welfare:
Staff has found no indication of likely adverse effects on the public health, safety, or welfare.
5. Public Policy:
The request does not appear to conflict with any public policy objective. The proposed development will enhance the area.
6. Size of Tract:
The subject property measures 0.6784 acres and is sufficient for the proposed development and parking requirements.
7. Other Factors:
Infill Development Zone (IDZ) provides flexible standards for developments. IDZ is to encourage and facilitate development on vacant, bypassed lands, or the redevelopment of underutilized buildings of structures, within existing built-up areas. IDZ may be approved as either a base zoning district or an overlay zoning district. Standards required in an IDZ district shall apply to either IDZ base zoning or the IDZ overlay district except where otherwise specifically stated. Typically IDZ gives flexibility to parking requirements, lots sizes, and setbacks.
The applicant is also in the process of negotiating a parking lease with TXDOT for parking under IH-35.